SENATE BILL NO. 629

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 135 (MCL 750.135), as amended by 2002 PA 689.

the people of the state of michigan enact:

Sec. 135. (1) Except as provided in subsection (3), a father or mother of a child under the age of 6 years of age, or another individual, who exposes the child in any street, field, house, or other place , with intent to injure or wholly to abandon the child , is guilty of a felony, punishable by imprisonment for not more than 10 years.

(2) Except for a situation involving actual or suspected child abuse or child neglect, it is an affirmative defense to a prosecution under subsection (1) that the child was not more than 72 hours old of age and was surrendered to an emergency service provider or newborn safety device under chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20. the safe delivery of newborns law. A criminal investigation shall not be initiated solely on the basis of a newborn being surrendered to an emergency service provider or a newborn safety device under chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20.the safe delivery of newborns law.

(3) Subsection (1) does not apply to a mother of a newborn who is surrendered under the born alive infant protection act. Subsection (1) applies to an attending physician who delivers a live newborn as a result of an attempted abortion and fails to comply with the requirements of the born alive infant protection act.

(4) As used in this section:

(a) "Born alive infant protection act" means the born alive infant protection act, 2002 PA 687, MCL 333.1071 to 333.1073.

(b) (a) "Emergency service provider" means a uniformed employee or contractor of a fire department, hospital, or police station when that individual is inside the premises and on duty.

(c) (b) "Fire department" means an organized fire department as that term is defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.

(d) (c) "Hospital" means a hospital that is licensed under article 17 part 215 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.333.21501 to 333.21571.

(e) "Newborn safety device" means that term as defined in section 1 of the safe delivery of newborns law, MCL 712.1.

(f) (d) "Police station" means a police station as that term is defined in section 43 of the Michigan vehicle code, 1949 PA 300, MCL 257.43.

(g) "Safe delivery of newborns law" means chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 627 of the 102nd Legislature is enacted into law.